Charter  of  the  City 

of  Montrose,  Colorado 


Adopted  January  12,  1914 


^'^ 


•..  »  .  • 


Charter    of  th^  City  of 
Montrose,  Colorado 


PREFATORY  SYNOPSIS  OF  THE  CHARTER 
OF  THE  CITY  OF  MONTROSE,  COLORADO 

The  Charter  Convention  elected  on  September  30,  1913.  submits  to 
the  voters  of  Montrose,  Colorado,  for  their  approval,  this  charter  which 
provides  a  Commission-Manager  Plan  of  City  Government. 

Under  its  provisions  the  people  elect  five  commissioners,  at  large, 
who  shall  constitute  the  City  Council  and  Legislative  body  of  the  City. 

The  Commissioners,  when  elected,  appoint  a  City  Manager  who 
shall  be  the  executive  head  of  the  City,  and  who  shall  appoint  all  offi- 
cers and  employees  of  the  City,  except  as  otherwise  provided  in  the 
Charter,  thereby  providing  for  a  more  efficient  and  economical  adminis- 
tration of  the  affairs  of  the  City  and  making  the  City  Manager  directly 
responsible  to  the  people  for  his  official  acts. 

The  charter  provides  for  the  initiative,  referendum  and  recall  and 
security  and  protection  is  reserved  to  the  people  in  the  matter  of  fran- 
chises and  public  utilitiesand  publicity  is  provided  for  in  all  matters  re- 
lating thereto. 

Through  the  institution  of  a  Commission-Manager  Plan  providing 
for  only  one  high  salaried  official,  it  is  hoped  to  provide  a  much  more 
economical  form  of  City  Government  than  that  now  in  vogue  in  this 
City  and  in  other  cities  of  Colorado  where  three  or  more  high  salaried 
officials  are  employed,  thereby  the  better  meeting  the  needs  of  a  City  of 
the  size  of  Montrose. 

PREAMBLE 

We,  the  people  of  the  City  of  Montrose,  under  the  authority  of  the 
Constitution  of  the  State  of  Colorado,  do  ordain  and  establish  this 
Charter  for  the  City  of  Montrose,  Colorado. 

ARTICLE  L 

NAME,    BOUNDARIES,    POWERS,  RIGHTS  AND 
LIABILITIES 

Name,  Boundaries 

Sec.  1.  The  municipal  corporation  now  existing  and  known  as  the 
City  of  Montrose,  shall  remain  and  continue  to  be  a  body  politic  and 
corporate  under  the  same  name  and  with  the  same  boundaries,  with 
power  and  authority  to  change  its  boundaries  in  manner  authorized 
by  law. 

Powers,  Rights,  Liabilities. 

Sec.  2.  (a)  By  the  name  of  the  City  of  Montrose,  the  city  shall 
have  perpetual  succession,  and  shall  own,  possess  and  hold  all  property, 
real  and  personal,  theretofore  owned,  possessed  or  held  by  the  said 
City  of  Montrose  and  shall  assume,  manage  and  dispose  of  all  trusts  in 
any  way  connected  therewith. 

(b)  Shall  succeed  to  all  the  rights  and  liabilities,  and  shall  ac- 
quire all  benefits,  and  shall  assume  and  pay  all  bonds,  obligations  and 
indebtedness  of  said  City  of  Montrose;  by  that  name  may   sue  and   de- 


*  2*'  '       '  CHARTER  'OP  TIJE  CITY  OF  MONTROSE,  COLORADO 

fend,  plead  and  be  impleaded,  in  all  courts  and  places,  and  in  all  mat- 
ters and  proceedings;  may  have  and  use  a  common  seal  and  alter  the 
same  at  pleasure;  may  purchase,  receive,  hold  and  enjoy,  or  sell  and 
dispose  of,  real  and  personal  property. 

(c)  May  receive  bequests,  gifts  and  donations  of  all  kinds  of  prop- 
erty, in  fee  simple,  or  in  trust  for  public,  charitable  or  other  purposes; 
and  do  all  things  and  acts  necessary  to  carry  out  the  purpose  of  such 
gifts,  bequests  and  donations,  with  power  to  manage  and  sell,  lease  or 
otherwise  dispose  of  the  same  in  accordance  with  the  terms  of  the  gift, 
bequest  or  donation. 

(d)  Shall  have  the  powsr,  within  or  without  its  territorial  limits, 
to  construct,  condemn  and  purchase,  purchase,  acquire,  lease,  and  to 
maintain,  conduct  and  operate  waterworks,  light  plants,  telephone 
systems,  power  plants,  transportation  systems,  heating  plants,  and  any 
other  public  utilities  or  works  or  ways,  in  whole  or  in  plart,  and  every- 
thing required  therefor,  for  the  use  of  said  city  and  the  inhabitants 
thereof,  and  any  such  systems,  plants  or  works  or  ways,  or  any  con- 
tracts in  relation  or  connection  therewith  that  may  exist  and  which 
said  city  may  desire  to  purchase,  in  whole  or  in  part,  the  same  or  any 
part  thereof  may  be  purchased  by  said  city  which  may  enforce  such 
pnrchase  by  proceedings  at  law,  as  in  taking  land  for  public  use  by 
right  of  eminent  domain,  and  shall  have  the  power  to  issue  bonds  upon 
the  majority  of  votes  cast  by  the  taxpaying  electors,  at  any  special  or 
general  election,  in  such  amounts  as  is  provided  by  State  law. 

(e)  The  legislative,  executive  and  judicial  powers  of  the  City 
shall  extend  to  all  matters  of  local  and  municipal  government,  it  being 
the  intent  hereof  that  the  specifications  of  particular  powers  by  any 
other  provision  of  this  charter,  shall  never  be  construed  as  impairing 
the  effect  of  the  general  grant  of  powers  of  local  government  hereby 
bestowed. 

(f)  The  city  shall  also  have  all  powers,  privileges  and  func- 
tions which,  by  or  pursuant  to  the  Constitution  of  this  State  have  been 
or  shall  be  granted  to  ^  exercised  by  any  city  of  the  first  class,  or  sec- 
ond class.  Provided,  however,  that  where  the  powers,  which  have  been 
or  shall  hereafter  be  granted  as  aforesaid,  conflict,  the  City  Council 
shall  have  power  by  ordinance  to  determine  which  power  shall  be  ex- 
ercised by  the  City. 

(g)  The  form  of  government  provided  in  this  article  shall  be 
known  as  the  "Commission-Manager  Plan,"  and  shall  consist  of  five 
commissioners,  who  shall  be  elected  at  large  in  manner  hereinafter 
provided,  and  who  shall  constitute  the  City  Council.  The  City  Coun- 
cil shall  constitute  the  governing  body  with  powers  as  hereinafter  pro- 
vided, to  pass  ordinances,  to  adopt  regulations,  and  to  appoint  a  chief 
administrative  officer  to  be  known  as  the  "City  Manager,"  and  exercise 
all  powers  hereinafter  provided. 

ARTICLE  II. 

ELECTIONS 

General  and  Special  Municipal  Elections 

Sec.  3.  A  municipal  election  shall  be  held  in  the  City  of  Montrose 
on  the  first  Tuesday  after  the  first  Monday  in  February,  1914,  and  on 
the  first  Tuesday  after  the  first  Monday  in  November  on  every  odd  num- 
bered year  thereafter  and  shall  be  known  as  the  General  Municipal  Elec- 
tion. All  other  municipal  elections  that  may  be  held,  shall  be  known  as 
Special  Municipal  Elections. 

Registration 

Sec.  4.    No  person  shall  be  permitted  to  vote  at  any  municipal  elec- 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 3 

tion  without  having  been  registered.  The  registration  shall  be  the  same 
as  is  now  or  may  hereafter  be  provided  by  the  general  laws  of  the  State, 
except  as  the  City  Council  may  otherwise  by  ordinance  provide. 

Judges  and  Clerks. 

Sec.  5.  The  judges  and  clerks  of  any  election  shall  be  selected 
from  a  list  of  persons,  two  each  of  whom  may  be  proposed  by  each 
candidate  for  each  election  precinct.  All  such  lists  shall  be  proposed 
in  writing  at  least  fifteen  days  before  election.  In  case  an  insufficient 
number  of  names  are  so  proposed,  the  City  Council  may  select  such 
number  as  may  be  necessary  in  order  to  provide  three  receiving  judges 
and  three  counting  judges  and  two  clerks  for  each  of  said  bodies,  and 
as  otherwise  provided  by  the  laws  of  Colorado. 

Nominations  of  Officers 

Sec.  6.  The  mode  of  nomination  of  all  elective  officers  of  the  city, 
to  be  voted  for  at  any  municipal  election  shall  be  as  is  now  provided  by 
the  laws  of  Colorado,  for  independent  nominations. 

Election  of  Officers 

Sec.  7.  The  election  of  all  elective  officers  of  the  city  shall  be  as 
provided  by  the  laws  of  the  State  of  Colorado,  except  as  otherwise  pro- 
vided for  in  this  charter. 

General  Election  Regulations 

Sec.  8.  The  provisions  of  any  state  law,  now  or  hereafter  in  force, 
except  as  the  council  may  otherwise  by  ordinance  provide,  relating  to 
the  qualifications  and  registration  of  electors,  the  manner  of  voting, 
the  duties  of  election  officers,  the  canvassing  of  returns,  and  all  other 
particulars  in  respect  to  the  management  of  elections,  except  as  other- 
wise provided  in  this  article,  so  far  as  they  may  be  applicable,  shall 
govern  all  municipal  elections;  provided,  also,  that  the  City  Council 
shall  meet  as  a  canvassing  board  and  duly  canvass  the  election  returns 
within  two  days  after  any  municipal  election.  Whenever  any  member 
of  the  council  is  a  candidate  for  re-election,  the  City  Council  shall  ap- 
point some  Justice  of  the  Peace  or  Notary  Public  of  said  city  to  take 
the  place  of  said  candidate  upon  said  canvassing  board  as  a  member 
thereof. 

Election  Precincts 

Sec  9.  The  entire  incorporated  city  of  Montrose  shall  constitute 
one  election  precinct  for  all  city  election  purposes,  until  such  time  as 
the  City  Council  find  it  necessary  to  divide  the  city  into  more  precincts 
and  when  they  do  so,  then  every  candidate  to  name  but  one  person  for 
each  precinct's  board  of  election. 

ARTICLE  III. 
Recall  from  Office 

Sec.  10.  Every  elective  and  appointive  City  Officer  of  the  City  of 
Montrose,  may  be  recalled  from  office  at  any  time  by  the  electors  of  the 
City  of  Montrose  by  a  petition  filed  with  the  City  Clerk  equal  in  number 
to  twenty-five  (25)  per  centum  of  the  entire  vote  cast  at  the  last  pre- 
ceding general  municipal  election. 

Sec.  11.  The  procedure  hereunder  to  effect  the  recall  of  an  elective 
or  appointive  officer,  shall  be  as  far  as  applicable  by  the  method  pointed 
out  in  Article  XXI  of  the  Constitution  of  the  State  of  Colorado  known 
as  "Recall  from  Office"  with  power  in  the  City  Council  to  provide  by 
ordinance  such  other  and  further  procedure  as  it  may  deem   expedient. 


4 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

ARTICLE  IV. 
DIRECT  LEGISLATION  BY  THE  PEOPLE 

Sec.  12.  Any  proposed  ordinance,  charter  or  charter  amendment 
may  be  submitted  to  the  City  Council,  of  the  City  of  Montrose,  by  peti- 
tion therefor  of  qualified  electors  equal  in  number  to  at  least  five  (5) 
per  centum  of  the  last  preceding  vote  for  all  candidates  for  Governor 
within  such  city,  by  filing  the  same  with  the  City  Clerk,  and  such  pro- 
posed ordinance,  charter  or  charter  amendment  shall  be  adopted  with- 
out alteration  by  said  City  Council  within  twenty  (20)  days  after  such 
petition  is  filed,  or  the  City  Council  shall  refer  such  proposed  ordinance, 
charter  or  charter  amendment  in  the  form  petitioned  for  to  the  qualified 
electors  at  the  next  municipal  election  to  be  held  not  less  than  sixty 
(60)  days  after  such  petition  is  filed,  and  in  case  a  municipal  election 
follows  in  a  shorter  time  than  sixty  (60)  days,  then  said  petition  shall 
contain  a  request  for  a  special  election  and  must  be  signed  for  that 
purpose  by  qualified  electors  equal  in  number  to  at  least  fifteen  (15) 
per  centum  of  the  vote  of  the  preceding  election  for  Governor.  The 
ordinance,  charter  or  charter  amendment  shall  be  passed  by  the  City 
Council  within  twenty  (20)  days  after  such  petition  has  been  filed,  or 
the  City  Council  may  refer  such  proposed  ordinance,  charter  or  charter 
amendment  in  the  form  petitioned  for  to  the  qualified  electors  at  a 
special  election  which  shall  be  called  within  said  thirty  (30)  days,  and 
held  not  less  than  sixty  (60)  nor  more  than  ninety  (90)  days  after  such 
petition  is  filed,  unless  a  special  election  for  some  other  purpose  or  a 
general  election  is  held  within  said  period  of  time,  in  which  case  such 
proposed  ordinance,  charter  or  charter  amendment  shall  be  submitttd 
to  a  vote  at  such  election. 

Alternative  ordinances,  charter  and  charter  amendments  may  be 
submitted  at  the  same  election,  and  if  two  or  more  conflicting  measures 
be  approved  by  the  people,  then  the  one  which  receives  the  greatest 
number  of  affirmative  votes  shall  be  adopted  in  all  particulars  as  to 
which  there  is  a  conflict. 

Sec.  13.  The  law  known  as  "Initiative  and  Referendum,"  Session 
Laws  1913,  Colorado,  page  310,  so  far  as  applicable  shall  govern  the 
procedure  and  form  of  Direct  Legislation  by  the  People  of  the  City  of 
Montrose  with  power  in  the  City  Council  to  make  and  publish  such  or- 
dinances as  may  be  needful  to  carry  out  the  object  and  intent  of  this 
Article. 

ARTICLE  V. 
ELECTIVE  OFFICERS  AND  EMPLOYEES 

Sec.  14.  The  elective  officers  of  the  City  shall  consist  of  five  Com- 
missioners, who  shall  constitute  the  City  Council.  Each  of  said  Com- 
missioners shall  be  elected  at  large  by  the  qualified  electors  of  the  City. 

Qualifications 

Sec.  15.  No  person  shall  be  eligible  to  the  office  of  Commissioner 
unless  he  be  a  qualified  elector,  and  shall  have  been  a  taxpayer  in  the 
City  of  Montrose,  Colorado,  for  at  least  two  years  immediately  preced- 
ing such  election. 

Term  of  Office 

Sec.  16.  The  term  of  office  of  the  Commissioners  shall  commence 
on  the  first  day  of  January  following  their  election  and  shall  be  for  a 
period  of  two  years  and  until  their  successors  are  duly  elected  and 
qualified,  except  after  the  first  election,  they  shall  qualify  and  take 
office  within  ten  (10)  days  after  election,  or  as  otherwise  provided  in 
this  Charter. 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 5 

Salaries 

Sec.  17.  Each  Commissioner  shall  receive  a  salary  of  Ten,  Dollars 
($10.00)  a  month  payable  at  the  end  of  the  month. 

Vacancies 

Sec.  18.  If  a  vacancy  occur  in  the  office  of  any  such  Commissioner 
the  remaining  members  of  the  City  Council  shall  appoint  an  eligible 
person  to  fill  such  vacancy  until  his  sucessor  shall  have  been  elected 
and  qualified.  A  vacancy  shall  exist  when  a  Commissioner  fails  to 
qualify  within  ten  (10)  days  after  notice  of  his  election;  dies,  resigns, 
removes  from  the  city,  is  convicted  of  a  felony  or  judicially  declared  a 
lunatic. 

Legislative  Powers 

Sec.  19.  The  City  Council  shall,  except  as  otherwise  provided  by 
this  charter,  be  vested  with  all  the  legislative  powers  of  the  City. 

Judges  of  Their  Election. 

Sec.  20.  The  City  Council  shall  be  the  judge  of  the  election  and 
qualification  of  its  own  members,  subject  to  review  by  the  courts  in 
case    of   contest,  as  by  Statutes  of  Colorado  in  such  case  provided. . 

Rules. 

Sec.  21.  The  City  Council  shall  determine  its  own  rules  of  pro- 
cedure, may  punish  its  members  for  disorderly  conduct  and  compel  their 
attendance  at  its  meetings. 

Meetings. 

Sec.  22.  All  meetings  of  the  City  Council  shall  be  held  in  the  City 
Hall.  Regular  meetings  shall  be  held  on  the  first  and  third  Thursdays 
in  each  month.  The  City  Council  shall  prescribe  the  time  of  its  meet- 
ings and  the  manner  in  which  special  meetings  shall  be  called.  A  ma- 
jority of  all  the  members  shall  constitute  a  quorum  to  do  business  but  a 
less  number  may  adjourn  to  a  definite  date.  The  City  Council  shall  sit 
with  open  doors  at  all  legislative  sessions  and  shall  keep  a  journal  of  its 
proceedings  which  shall  be  a  public  record. 

Clerk. 

Sec.  23.  The  City  Manager  shall  appoint  a  City  Clerk  who  shall 
be  clerk  of  the  City  Council  and  may  have  such  other  duties  as  may  be 
prescribed  by  the  City  Manager. 

Ordinances  and  Resolutions. 

Sec.  24.  In  all  regular  meetings  the  City  Council  shall  act  by  or- 
dinance, resolution  or  motion,  and  at  special  meetings,  by  resolution  or 
motion. 

Publication. 

Sec.  25.  Every  ordinance,  after  the  same  shall  have  passed  first 
reading  by  a  majority  vote  of  the  City  Council  shall  be  published  once 
in  full  in  a  newspaper  of  the  City  or  generally  distributed  in  a  leaflet  or 
pamphlet  form,  at  least  ten  (10)  days  before  its  final  passage.  Within 
ten  (10)  days  after  such  final  passage  it  shall  be  again  published 
once  in  a  newspaper  or  generally  distributed  in  leaflet  or  pamph- 
let form.  The  proof  of  such  publication  by  pamphlet  or  leaflet  form 
shall  be  evidenced  by  the  affidavit  of  the  City  Clerk  that  the  ordi- 
nance in  pamphlet  or  leaflet  form  was  generally  distributed. 


6 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

Publication  Fees. 

Sec.  26.  All  election  notices,  or  lists  of  nominations  for  ofltice, 
department  reports,  ordinances,  charters,  or  charter  amendments,  ad- 
vertising, publicity  affairs,  or  other  publications  required  or  author- 
ized by  this  Charter,  by  general  law,  or  by  any  ordinance  of  the  city 
to  be  made  in  any  newspaper  and  all  such  publications  for  which  the 
city  may  be  liable,  shall  be  paid  for  by  the  city  at  such  rates  as  shall 
not  in  any  event,  exceed  the  usual  rates  for  like  work.  No  bill  shall 
be  rendered  tc,  or  paid  by,  the  city  for  such  advertising  or  printing 
in  excess  of  the  said  usual  rates,  provided  that  at  no  time  such  rates 
shall  exceed  the  legal  rate. 

Sec.  27.  When  pamphlet  form  is  used  for  publication,  the  City 
Manager  shall  publish  three  times  in  one  newspaper  of  the  city,  at 
least  five  (5)  days  before  such  publication,  the  fact  that  such  pamph- 
let or  leaflet  will  be  issued,  stating  briefly  the  subject  to  be  covered, 
and  within  one  (1)  day  of  the  time  for  handing  same  for  publica- 
tion, any  individual,  organization  or  association  may  insert  in  such 
pamphlet  or  leaflet  any  matter,  either  in  favor  of  or  opposed  to  the 
proposition  in  the  pamphlet  or  leaflet,  in  such  manner  as  is  provided 
by  the  Statutes  of  Colorado  relating  to  pamphlet  advertising. 

Proof  of  Ordinance 

Sec.  28.  All  ordinances  passed  by  the  City  Council  in  whatso- 
ever form  shall  be  certified  to  by  the  City  Clerk. 

Clerk's  Certificates. 

Sec.  29.  The  certificate  attached  to  and  published  with  ordi- 
nances which  have  passed  first  reading  shall  be  in  form  as  follows, 
appropriately  filling  the  several  blanks,  viz.: 

"Passed  first  reading  this day  of 19 

(SEAL)  (City  Clerk)" 

The  certificate  attached  to  and  published  with  ordinances  which 
have  been  finally  passed  shall  be  in  form  as  follows,  appropriately 
filling  the  several  blanks,  viz.: 

"Passed  final  reading  this day  of .19 

(SEAL)  (City  Clerk)" 

The    certificate   necessary    to  validate    ordinances    published    in 
pamphlet  form,  which  shall  be  made  after  the  said    ordinances  have 
been  generally  distributed  as  herein   provided,    and    attached  to    the 
original  ordinance  in  the  ordinance  book,  shall  be  as  follows: 
"State  of  Colorado       ) 
County  of  Montrose     )  ss. 
City  of  Montrose  ) 

,  City  Clerk,  being  first    duly  sworn,     upon     his 

oath  deposes,  says  and  certifies  that  the  foregoing    ordinance    passed 

first  reading   on    the day    of __,     19 ;    passed     final 

reading  on  the day  of ,  19 ;  and  after  its  said  final 

passage  was  generally  distributed    throughout  the    City  of  Montrose. 

Subscribed  and  sworn  to  before  me  

this day  of ,  A.  D.  19 City  Clerk. 


Notary  Public." 

Record  of  Ordinances. 

Sec.  30.  All  ordinances  shall  within  three  days  after  the  date  of 
taking  effect  be  recorded  in  a  book  kept  for  that  purpose  marked 
"Ordinances  of  the  City  of  Montrose"  and  shall  be  authenticated  in 
said  book  by  the  signature  of  the  Mayor  and  the  City  Clerk,    and   shall 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 7 

be  consecutively  numbered  following  the  latest  number  now  in  force. 
The  ordinances  adopted  under  the  initiative  provisions  of  this  charter 
shall  be  separately  numbered  and  recorded  commencing  with  "People's 
Ordinance  No.  1." 

General  Powers 

Sec.  31.  The  City  Council  shall  have  in  addition  to  the  powers 
herein  granted  all  powers  given  by  the  Constitution  and  Statutes  of  the 
State  of  Colorado  to  City  Councils,  except  as  herein  otherwise  provided. 

Contractual  Powers 

Sec.  32.  The  City  Council  shall  have  no  power  to  make  any  con- 
tract of  any  kind  or  nature  whatsoever,  or  to  make  any  lease  of  city 
property,  the  operation  of  which  will  extend  beyond  the  time  of  the  in- 
stallation of  the  new  commissioners  elected  at  any  general  municipal 
election;  nor  shall  it  have  any  power  to  sell,  abandon,  grant,  or  other- 
wise dispose  of  any  title  or  right  of  the  city  to  any  real  estate,  franchise, 
right  of  way,  street,  avenue,  alley,  or  other  public  property,  all  such 
powers  being  reserved  to  the  people,  and  to  be  exercised  only  by  the 
qualified  voters  at  a  general  or  special  municipal  election. 

Mayor 

Sec.  33.  The  Commissioners  at  their  first  meeting  after  election 
shall  elect  a  mayor  from  among  their  number,  who  shall  be  the  presid- 
ing officer  of  the  City  Council,  except  that  in  his  absence  the  Mayor 
pro  tempore  shall  so  act. 

No  Veto 

Sec.  34.  The  mayor  shall  have  the  right  to  vote  on  all  questions 
coming  before  the  City  Council  but  he  shall  have  no  veto  power. 

City  Manager. 

Sec.  35.  The  City  Council  by  a  majority  vote  thereof  shall  appoint 
a  City  Manager  who  shall  be  the  executive  head  of  the  municipal  gov- 
ernment. He  may  or  may  not  be  a  resident  of  the  City  of  Montrose 
when  appointed.  He  may  be  discharged  only  by  a  unanimous  vote  of 
the  City  Council  and  shall  be  subject  to  recall  as  herein  provided. 

Powers  and  Duties 

Sec.  36.  The  City  Manager  shall  have  the  following  powers  and 
duties: 

First:  To  appoint  and  remove  all  officers  and  employees  in  his  de- 
partments, necessary  to  carry  out  the  duties  imposed  upon  him  by  Sec- 
tion 65,  Article  VII,  of  this  charter,  or  any  other  duties  imposed  upon 
him  by  this  charter,  or  the  City  Council,  except  as  herein  otherwise  pro- 
vided, and  to  fix  their  compensation.  He  shall  not  appoini.  any  relative 
of  his  to  any  office  of  trust. 

Second:  To  attend  all  meetings  of  the  City  Council  with  right  to 
take  part  in  any  discussion  and  to  recommend  to  the  City  Council  such 
measures  as  he  may  deem  necessary  or  expedient;  but  he  shall  have 
no  vote. 

Third:  To  keep  the  City  Council  fully  advised  as  to  the  financial 
condition  and  needs  of  the  City. 

Fourth:  To  preform  such  other  duties  as  may  be  prescribed  by  this 
charter  or  be  required  of  him  by  ordinance  or  resolution  of  the  City 
Council. 

Salary 

Sec  37.  The  City  Manager  shall  receive  a  salary  not  to  exceed 
Eighteen  Hundred  Dollars  ($1800.00)  per  annum. 


8 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

Police  Magistrate 

Sec.  38.  The  City  Council  shall  appoint  a  Police  Magistrate  who 
shall  hold  office  during  the  pleasure  of  the  City  Council  appointing  him 
and  until  his  successor  is  appointed  and  qualified,  subject,  however,  to 
the  recall  provisions  of  this  charter. 

Jurisdiction,  Powers,  Duties  and  Procedure 

Sec.  39.  Said  Police  Magistrate  shall  have  exclusive  original  juris- 
diction to  hear,  try  and  determine  all  causes  arising  under  any  section 
of  this  charter  or  any  of  the  ordinances  of  the  city  for  a  violation  there- 
of, and  there  shall  be  no  change  of  venue  therefrom.  He  shall  have 
such  other  jurisdiction,  rights,  powers  and  duties  as  are  provided  by  Di- 
vision 1  of  Chapter  126  of  the  Laws  of  the  State  of  Colorado,  or  Acts 
amendatory  thereto,  and  the  procedure  shall  be  as  by  the  laws  pro- 
vided. 

City  Attorney 

Sec.  40.  The  City  Attorney  shall  be  appointed  by  the  City  Council, 
shall  hold  office  during  the  pleasure  of  the  City  Council,  and  shall  be 
the  legal  adviser  of  the  City  Council  and  City  Manager  and  shall  have 
the  powers,  duties  and  compensation  which  are  now  or  may  hereafter 
be  imposed  or  granted  by  ordinance. 

Oath  of  Office 

Sec.  41.  All  officers  of  the  City  shall  take  an  oath  or  affirmation  to 
support  the  Constitution  of  the  Uuited  States,  the  Constitution  of  the 
State  of  Colorado,  the  charter  and  ordinances  of  the  city  and  faithfully 
to  perform  the  duties  of  the  office  upon  which  they  are  about  to    enter. 

Bonds 

Sec.  42.  All  officers  and  employees  who  handle  city  funds,  or 
officers  holding  positions  of  responsibility,  shall  give  bond  in  such 
amount  as  may  be  required  by  the  City  Council  by  ordinance  or  resolu- 
tion and  the  City  shall  pay  the  premium  on  all  such  bonds. 

No  Extra  Compensation 

Sec.  43.  No  officer  or  employee  shall  receive  any  pay,  commission, 
money  or  thing  of  value,  or  derive  any  benefit,  profit  or  advantage,  di- 
rectly or  indirectly  from  or  by  reason  of  any  dealings  with  or  service  for 
the  City,  by  himself  or  by  others,  except  his  lawful  compensation  or  sal- 
ary as  such  officer  or  employee. 

ARTICLE  VI. 

FINANCE,  APPROPRIATION  AND  TAXATION 

Fiscal  Year 

Sec.  44.  The  fiscal  year  of  the  city  shall  commence  on  the  first 
day  of  January  and  end  on  the  last  day  of  December  of  each  year. 

Claims  against  City 

Sec.  45.  No  demand  for  money  against  the  city  shall  be  approved, 
allowed,  audited  or  paid  unless  it  shall  be  in  writing,  dated  and  verified 
as  hereinafter  provided  and  sufficiently  itemized  as  to  identify  the  ex- 
penditure and  shall  first  be  audited  by  the  City  Manager. 

Purchasing  and  Sales  Agent 

Sec.  46.    The  City    Manager  shall    be   the   purchasing   and   sales 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 9 

agent  for  all  personal  property  for  the  city  and  shall  procure  all  sup- 
plies, issuing  a  requisition  therefor.  Such  requisition  shall  be  in  writ- 
ing, shall  state  the  quality,  quantity,  and  kind  of  material  required, 
whether  urgency  demands  that  the  order  be  made  by  wire,  whether  the 
supplies  should  come  by  express  or  otherwise,  and  the  probable  cost 
thereof,  in  detail,  if  known.  Except  in  case  of  emergency  he  shall  ad- 
vertise for  competitive  proposals  for  any  supplies  in  a  newspaper,  or  by 
circular  letters,  or  other  means,  sent  to  several  competitive  dealers  where 
estimated  cost  exceeds  One  Hundred  Dollars  ($100.00)  and  competitive 
bids  shall  be  kept  on  file  in  the  office  of  the  City  Manager. 

Bills 

Sec.  47.    Bills  for  material  and    supplies    furnished    must    specify 
quality    and   cost  of  article  and  to  whom  delivered  and  must  be  accom- 
panied by  the  requisition  issued  therefor.    Bills  for  labor  must  give  date 
of  each  day's  work  and  where  the  same  was  done  and  by  whom  ordered; 
and  after  setting  forth  the  claim  against  the  city,  shall    be    verified    by 
the   claimant   and  shall  be  upon  a  form  furnished  by  the  City  Manager 
in  manner  and  form  as  follows: 
"State  of  Colorado    ) 
County  of  Montrose  )     ss. 
City  of  Montrose       ) 

,  being  first  duly  sworn,  doth  depose  and  say  that 

the  above  account  is  legal,  just  and  true,  that  the  article  furnished  and 
services  rendered  therein  as  charged  have  been  actually  furnished  to 
and  rendered  for  the  said  city;  and  that  the  same  has  not  been  paid  or 
any  part  thereof;  and  that  all  offsets  thereto  have  been  credited. 

Subscribed  and  sworn  to  be-  

fore  me  this day  of ,19 Claimant. 

(SEAL)         

Notary  Public. 

Approved  by  me  as  City  Manager   for  work  done   or   material    fur- 
nished for  the  amount  of  $ 


City  Manager. 

Paid  by  warrant  No.  ,  dated ,  19. 

Charge  to  following  accounts: 

To Appropriation,    ._ Fund,  $.- 

To Appropriation,    Fund,  $-. 

$- 


Issuance  of  Warrants 

Sec.  48.  All  bills  for  work  done  for  the  city,  after  having  received 
the  approval  in  writing  of  the  city  Manager,  if  correct  and  legal  in  all 
particulars,  shall  be  allowed  by  vote  of  a  majority  of  the  City  Council 
present  at  any  meeting,  whereupon  a  warrant  shall  be  drawn  in  dupli- 
cate, the  original  of  which  shall  be  signed  by  the  City  Clerk,  counter- 
signed by  the  Mayor,  with  the  seal  of  the  city  attached,  which  said  or- 
iginal warrant  shall  thereupon  be  payable  at  the  City  depository.  The 
person  to  whom  the  warrant  is  issued,  or  his  assigns,  shall  receipt  for 
the  same  upon  the  face  of  the  duplicate  warrant. 

Cash  Basis 

Sec.  49.  The  business  of  the  City  shall  be  conducted  upon  a  cash 
basis,  and  warrants  shall  not  be  drawn,  upon  the  order  of  the  City  Man- 
ager or  City  Council,  unless  there  be  money  in  the  City  Depository  to 
pay  the  same;  provided,  that  warrants  may  be  issued  in  the  event  of  an 
emergency,  but  in  that  event,  not  in  excess  of  the  balance  remaining  in 
any  fund  upon  which  said  warrant  is    issued  as  fixed    in  the  annual  ap- 


lO  CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

propriation  ordinance;  and,  provided   further,    that  the   foregoing  shall 
not  apply  to  the  Water  Works  fund. 

Funds 

Sec.  50.  The  several  funds  of  the  city  shall  be  as  follows:  General 
fund.  Water  Works  fund.  Cemetery  fund.  Interest  on  Bonds  fund,  and 
Bond  Sinking  fund. 

Adoption  of  Existing  Law 

Sec.  51.  Until  the  council  shall  otherwise,  by  ordinance,  provide, 
the  Statutes  of  the  State  of  Colorado  now  or  hereafter  in  force,  shall 
govern  the  making  of  assessments  by  the  assessor  of  the  county  in 
which  the  city  is  situated,  the  making  of  equalizations,  and  the  collec- 
tion of  taxes  by  the  Treasurer  of  said  county  for  and  on  behalf  of  the 
city,  and  also  the  certification  and  collection  of  all  delinquent  charges, 
assessments  and  taxes. 

Certificate  of  Assessment 

Sec.  52.  It  shall  be  the  duty  of  the  City  Manager  to  procure,  as 
soon  as  available  each  year,  a  certificate  from  the  County  Assessor  of 
the  total  amount  of  property  assessed  for  taxation  within  the  limits  of 
the  city,  as  shown  by  the  assessment  roll  in  the  Assessor's  office. 

Annual  General  City  Estimate 

Sec.  53.  On  or  before  the  first  day  of  October  each  year,  or  on 
such  date  as  shall  be  fixed  by  the  council,  the  City  Manager  shall  sub- 
mit to  the  council  his  annual  budget  setting  forth  in  detail,  for  their 
information,  an  estimate  of  the  probable  expenditure  of  the  city  govern- 
ment for  the  next  ensuing  fiscal  year  for  all  purposes,  also  an  estimate 
of  the  probable  income  from  fines,  licenses,  water  rents,  and  all  other 
sources  of  revenue  exclusive  of  taxes  upon  property. 

Tax  Levy  and  Appropriation 

Sec.  54.  The  City  Council  shall,  between  October  first  and  Decem- 
ber first  of  each  year,  meet  and  pass  an  ordinance,  which  shall  be  en- 
titled the  "Annual  Appropriation  Ordinance,"  in  which  shall  be  in- 
cluded such  levy  as  in  its  judgment  may  be  deemed  proper  and  wise,  in 
mills,  upon  each  dollar  of  the  assessed  valuation  of  all  taxable  property 
within  the  corporate  limits  of  the  City,  and  shall  cause  such  total  levy 
to  be  properly  certified  to  the  County  Commissioners  of  Montrose 
County,  Colorado.  This  ordinance  shall  also  appropriate  such  sums  of 
money  as  it  may  deem  necessary  to  defray  all  expenses  and  liabilities 
of  the  city,  which  appropriation  shall  not  exceed  the  estimated  revenue 
of  said  city  for  the  fiscal  year,  and  in  such  ordinance  shall  specify  the 
objects  and  purposes  for  which  such  appropriations  are  made,  and  the 
amount  appropriated  for  each  object  and  purpose  therein  named  for 
the  ensuing  year. 

If  the  City  Council  fails  in  any  year  to  make  such  tax  levy  as  above 
provided,  then  the  rate  last  fixed  shall  be  the  rate  for  the  ensuing  fis- 
cal year,  which  rate  shall  be  levied  by  the  Board  of  County  Commis- 
sioners, the  same  as  if  certified  to  said  board. 

The  amount  required  to  make  payment  of  any  interest,  or  principal 
of  bonded  indebtedness,  shall  always  be  included  in  and  met  by  tax 
levy,  except  as  may  otherwise  be  provided  in  this  charter. 

No  Liability  Without  Appropriation 

Sec.  55.  Except  as  herein  otherwise  specifically  provided  the  city 
expenditures  in  any  one  year  shall  not  exceed   the  amount  provided  in 


CHARTER  OF  THE  CITY  OF  MONTROSE.  COLORADO IJ. 

the  annual  appropriation  ordinance  for  that  year,  and  no  contract  involv- 
ing the  expenditure,  and  no  expenditure  for  any  improvement  to  be 
paid  out  of  the  general  or  special  fund  of  the  city,  or  for  defraying  the 
expenses  and  liabilities  of  the  city  shall  exceed,  in  any  one  year,  the 
amount  provided  in  the  annual  appropriation  ordinance  to  be  paid  out 
of  the  said  general  and  special  funds  so  appropriated  and  set  apart,  but 
the  several  funds  shall  be  maintained  for,  used  and  applied  to  the  par- 
ticular purposes  specified  in  the  annual  appropriation  ordinance. 

It  shall  be  unlav^f  ul  for  any  officer  of  the  city  to  incur  or  contract 
any  expense  or  liability  for  or  in  behalf  of  the  city  unless  such  an  ap- 
propriation shall  have  been  made  concerning  such  expense.  Such  con- 
tract shall  be  null  and  void  as  to  the  city  for  any  other  or  further  lia- 
bility; provided,  first,  that  nothing  herein  contained  shall  prevent  the 
council  from  providing  by  ordinance  for  payment  of  any  expense,  the 
necessity  of  which  is  caused  by  any  casualty,  accident  or  unforeseen 
contingency  arising  after  the  passage  of  the  annual  appropriation  or- 
dinance, to  be  determined  by  resolution  of  the  City  Council  before  said 
expense  is  incurred.  If  there  be  any  funds  in  the  treasury  not  other- 
wise appropriated  the  same  may  be  applied  to  the  payment  of  such 
emergency  expense;  and,  second,  that  the  provisions  of  this  section 
shall  not  apply  to  or  limit  the  authority  conferred  in  relation  to  bonded 
indebtedness,  nor  for  moneys  to  be  collected  by  special  assessments  for 
local  improvements. 

Collection  of  Taxes 

Sec.  56.  Until  the  City  Council  shall  otherwise,  by  ordinance  pro- 
vide, the  County  Treasurer  shall  collect  city  taxes  in  the  same  manner 
and  at  the  same  time  as  State  taxes  are  collected,  and  all  laws  of  this 
State  for  the  assessment  of  property  and  the  levy  and  collection  of 
general  taxes,  including  laws  for  the  sale  of  property  for  taxes,  and  the 
redemption  of  the  same,  shall  apply  and  have  as  full  effect  in  respect 
to  taxes  for  the  city  as  of  such  general  taxes. 

On  or  before  the  tenth  day  of  every  month,  the  County  Treasurer 
shall  report  and  pay  to  the  City  Clerk  the  amount  of  tax  collections  of 
the  city  for  the  preceding  month,  said  collections  to  be  immediately 
thereafter  deposited  in  the  City  Depository. 

Special  Statutes  Continued  in  Force 

Sec  57.  The  provisions  of  Sections  6657  and  6658  of  the  Revised 
Statutes  of  Colorado,  1908,  relating  to  sidewalks,  and  all  Statutes  of 
this  state,  and  amendments  thereto  relating  to  the  issuance  of  bonds, 
funding  and  refunding  bonds,  shall  be  in  full  force  and  effect,  save  that 
no  bond  issue  shall  be  made  without  a  vote  of  the  qualified  electors  of 
the  city  who  are  taxpayers  under  the  law  authorizing  such  issue. 

Notary  Public 

Sec.  58.  The  City  Council  shall  cause  to  be  furnished,  at  the  ex- 
pense of  the  city,  a  Notarial  Commission  for  the  City  Clerk,  who  shall 
take  Jtll  acknowledgments  on  all  papers  relating  to  any  of  the  depart- 
ments of  the  city  without  fee. 

Cemetery  Fund 

Sec.  59.  The  moneys  in  the  Cemetery  Fund,  whether  derived 
from  taxation,  appropriation,  sale  of  lots  in  the  cemetery,  or  otherwise, 
shall  be  used  only  for  the  maintenance,  improvement  or  betterment  of 
the  cemetery  owned  by  the  city,  and  no  lot  shall  be  sold  therein,  or  oc- 
cupied unless  the  same  has  been  paid  for  and  a  deed  thereto  issued  by 
the  City  Clerk. 


12 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

Water  Works  Fund 

Sec.  60.  The  Water  Works  fund  of  the  city  shall  be  held  intact 
for  the  purpose  of  maintenance,  repairs  or  improvements,  betterments, 
interest  on  bonds,  liquidation  of  bonded  indebtedness  and  other  pur- 
poses relating  specifically  to  the  water  works  system  and  any  surplus  at 
the  end  of  the  fiscal  year  shall  be  held  as  a  sinking  fund  for  the  pay- 
ment of  the  bonded  indebtedness  for  water  works  purposes;  provided, 
that  when  a  sufficient  surplus  be  in  the  depository  at  the  end  of  the 
fiscal  year,  it  shall  be  used  to  pay  off  outstanding  bonds. 

Financial  Statements 

Sec.  61.  Within  twenty  (20)  days  after  the  close  of  business  on 
June  30th  and  December  31st  of  each  year  the  City  Manager  shall 
compile  and  cause  to  be  published  once  in  a  newspaper  published  in 
the  City  a  complete  report  of  the  business  of  the  City  during  the 
semi-annual  period,  showing  the  receipts,  disbusements  and  balances 
on  hand  in  each  fund,  also  a  statement  of  all  warrants  and  bonds 
outstanding  on  each  and  every  fund,  together  with  the  interest  the 
same  bears;  and  such  statement  shall  be  so  compiled  as  to  plainly 
disclose  to  the  electors  the  complete  financial  status  of  the  city. 
Such  statement  shall  be  made  under  the  sworn  signature  of  the  City 
Manager,  attested  by  three  Commissioners. 

Audit  by  Public  Accountant 

Sec.  62.  At  the  close  of  each  fiscal  year  the  books  and  accounts 
of  the  City  shall  be  audited  by  a  Public  Accountant,  who  shall,  upon 
the  completion  of  such  audit,  file  a  detailed  report  with  the  City 
Council  within  fifteen  (15)  days  after  the  completion  of  the  same. 

Method  of  Bookeeping 

Sec.  63.  The  City  Council  shall  provide  a  complete  set  of  books 
for  the  keeping  of  a  record  of  the  city's  business  in  the  most  ap- 
proved modern  plan  in  vogue  in  municipal  governments,  so  arranged 
as  to  furnish  detailed  information  relating  to  the  city's  business,  and 
where  daily  cash  balances  can  be  had. 

Depository  for  Public  Funds 

Sec.  64.  At  the  first  regular  meeting  of  the  City  Council  after 
they  qualify  and  take  ofifice  they  shall,  by  resolution  or  order,  call 
for  propositions  from  any  bank  or  banker  in  the  city  to  act  as 
custodian  of  the  city  funds  for  the  term  for  which  they  were  elected, 
and  any  bank  or  banker  in  said  city  shall  be  eligible  to  bid  on  same. 

Such  bid  shall  state  the  amount  of  interest  each  bidder  will  pay 
upon  an  average  daily  balance  of  money  on  hand  each  day  of  the 
year,  and  the  City  Council  shall  thereupon  designate  such  depository 
the  highest  bidder,  who  shall  enter  into  a  bond  with  the  city  with 
some  Security  Company  as  its  or  his  security,  at  its  or  his  expense, 
to  be  approved  by  the  City  Council  in  a  sum  not  less  than  the  max- 
imum amount  of  funds  to  be  deposited  with  such  Depository  during 
the  year.  The  amount  of  said  bond  shall  from  time  to  time  be  in- 
creased or  diminished  as  the  council  may  order,  provided  that  at  all 
times  said  bond  shall  be  sufficient  in  amount  to  fully  indemnify  the 
said  City  of  Montrose  to  the  full  amount  of  its  balance  on  deposit. 

The  said  designated  depository  shall  be  required  to  promptly  pay 
all  orders  drawn  on  such  funds  when  presented  signed  by  the  Mayor, 
attested  by  the  Clerk,  with  the  seal  of  said  city  imprinted  thereon, 
and  shall  deliver  to  the  City  Manager  the  first  of  each  month  all 
warrants  presented  to  and  paid  by  it  and  a  statement  which  shall 
show  the  balance  on  deposit  on  the  first  day  of  the  preceding  month, 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 13 

and  deposits  made,  the  orders  paid  and  the  balance  for  each  and  every 
day  of  the  month,  show  the  average  daily  balance,  and  shall  pay  over 
at  that  time  the  amount  of  interest  due  on  the  average  balance  for  the 
previous  month.  i 

"^ARTICLE  VII. 

HIGHWAYS,  HEALTH,  WATER  WORKS,  SEWERS, 
LIGHTING  AND  PUBLIC  SAFETY 

Highways,  Sewers,  Water  Works  and  Lighting 

Sec.  65.  The  City  Manager  shall,  in  accordance  with  the  Revised 
Statutes  of  Colorado  of  1908  and  all  amendatory  acts  thereto  and  sub- 
ject to  the  supervision  and  control  of  the  City  Council  in  all  matters, 
and  the  ordinances  of  the  city,  manage  and  have  charge  of  the  con- 
struction, improvements,  repairs,  and  maintenance  of  streets,  sidewalks, 
alleys,  lanes,  bridges,  viaducts  and  other  public  highways;  of  water 
works,  sewers,  drains,  ditches,  culverts,  canals,  streams  and  water 
courses,  gutters  and  curbing;  of  all  public  buildings,  of  boulevards, 
squares  and  other  public  places  and  grounds  belonging  to  the  city  or 
dedicated  to  public  use,  except  parks  and  play  grounds;  the  cleaning, 
sprinkling  and  lighting  of  streets  and  public  places,  the  collection  and 
disposal  of  waste,  and  the  care  and  preservation  of  all  tools,  appliances 
and  personal  property  belonging  to  the  city.  He  shall  have  supervision 
of  issuing  building  permits,  the  inspecting  of  plumbing,  wiring  and 
weights  and  measures.  He  shall  also  have  charge  of  the  enforcement  of 
all  the  obligations  of  privately  owned  or  operated  public  utilities  en- 
forceable by  the  city. 

Water 

Sec.  66.  Whenever  the  water  supply  is,  or  becomes,  greater  than 
the  needs  of  the  city  for  fire  and  domestic  purposes  the  City  Council 
may  dispose  of  such  surplus  water  to  consumers  of  water  outside  the 
city  limits  at  such  rate  as  in  the  opinion  of  the  City  Council  is  just  and 
proper. 

Health 

Sec.  67.  The  City  Council  shall  appoint  a  health  officer  who  shall 
be  a  graduate  of  a  reputable  medical  college,  and  shall  be  licensed  to 
practice  medicine  in  this  state.  He  shall  have  all  the  powers  provided 
by  the  Revised  Statutes  of  Colorado  of  1908,  and  acts  amendatory 
thereto,  relative  to  public  health,  to  be  exercised  in  municipalities  by 
health  officers.  He  shall  have  the  right  to  break  open  and  enter,  after 
reasonable  request  for  such  right,  all  buildings,  residences  and  other 
place?,  whether  public  or  private,  wherein  persons  suspected  of  being  af- 
flicted with  some  contagious  disease  are  located  or  where  anything  may 
be  suspected  of  being  that  may  communicate  such  contagious  disease 
to  others.  He  shall  have  power  to  seize  and  destroy  without  the  neces- 
sity of  trial,  all  articles  of  whatsoever  kind  or  nature  that  may  be  found 
by  him  to  be  capable  of  communicating  contagious  diseases  if  not  capa- 
ble of  fumigation  or  disinfection.  He  shall  also  have  the  right  to  ar- 
rest any  person  or  persons  who  may  violate  the  ordinances  made  by  the 
City  Council  relating  to  public  health,  or  who  shall  resist  him  in  the 
performance  of  his  duties.  He  shall  be  the  inspector  of  milk  and  food 
offered  for  sale  in  the  city. 

The  City  Council  shall  have  power  to  make  additional  ordinances 
and  regulations  which  may  be  necessary  or  expedient  for  the  preserva- 
tion of  pjblic  hsalth  and  tha  suppression  of  disease. 

Public  Safety 

Sec.  68.     Fire  Department:  The    City    Council    shall   by  ordinance 


14 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

provide  for  the  establishment  and  maintenance  of  a  Fire  Department, 
which  shall  be  under  its  direction  and  control,  consisting  of  such  em- 
ployees as  it  may  deem  necessary.  The  City  Manager  shall  have  no 
jurisdiction  over  said  Fire  Department,  but  his  duties  in  connection 
with  same  shall  be  limited  solely  to  the  purchase  of  all  necessary  sup- 
plies therefor. 

While  said  department  shall  consist  of  volunteers,  it  shall  have  the 
privilege  of  electing  its  own  Chief. 

The  City  Council  may,  if  deemed  advisable,  provide  a  suitable  recom- 
pense for  the  volunteer  department  while  on  actual  duty  and  may 
further  provide  reasonable  compensation  for  disability  or  illness  actu- 
ally contracted,  or  clothing  destroyed,  while  in  the  preformance  of  its 
duty. 

Sec.  69.  Police  Department:  The  City  Council  shall  by  ordinance 
provide  for  the  establishment  and  maintenance  of  a  Police  Department, 
consisting  of  such  employees  as  it  may  deem  necessary.  The  City  Mana- 
ger shall  have  jurisdiction  over  said  Police  Department,  but  his  duties 
in  connection  with  same  shall  be  limited  solely  to  the  purchase  of  all 
necessary  supplies  therefor.  The  City  Council  shall  enforce  all  laws 
and  ordinances. 

ARTICLE  VIII. 

FRANCHISES,    PUBLIC    UTILITIES    AND    CON- 
TRACTS 

Grant. 

Sec,  70.  No  franchise  to  construct  and  operate  a  public  utility  in 
any  street,  avenue,  alley,  or  public  place  of  the  said  city  shall  be  granted 
except  upon  the  majority  vote  of  the  taxpaying  electors  of  said  city  vot- 
ing at  such  election.  The  question  of  its  being  granted  shall  be  sub- 
mitted to  such  vote  only  upon  deposit  with  the  Ctty  Council  of  the  ex- 
pense (to  be  estimated  by  the  City  Council)  of  such  submission,  by  the 
applicant  for  said  franchise. 

No  Exclusive  Grant 

Sec.  71.  No  franchise  or  privilege  shall  be  granted  for  a  longer 
period  than  twenty  years.  No  exclusive  franchise  or  renewal  shall  ever 
be  granted  and  no  franchise  shall  be  renewed  before  one  year  prior  to 
its  expiration. 

No  Assignment 

Sec,  72.  No  franchise  or  privilege  granted  by  the  city  shall  ever  be 
leased,  assigned  or  transferred  except  by  majority  vote  of  the  legal 
voters  voting  on  the  question,  to  be  submitted  to  an  election  thereon, 
at  the  expense  of  the  owners,  to  be  deposited  as  in  Section  70. 

Conditions  ^ 

Sec.  73.  All  franchises  or  privileges  hereafter  granted  to  construct 
and  operate  a  public  utility  shall  prescribe  the  kind  and  quality  of  ser- 
vice or  product  to  be  furnished,  the  maximum  rate  or  rates  to  be 
charged  therefor,  shall  specify  on  which  particular  streets,  avenues, 
alleys,  or  public  grounds,  the  same  shall  apply,  and  the  manner  in  which 
the  streets,  avenues,  alleys  and  public  grounds  shall  be  used  and  occu- 
pied, and  any  other  terms  and  conditions  conductive  to  the  public  in- 
terest. 

Termination 

Sec.  74.  All  such  grants  and  renewals  thereof  shall  reserve  to  the 
city  the  right  to  terminate  the  same  and  to  purchase  all  the  property  of 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 15 

the  utility  in  the  streets,  avenues,  alleys  and  public  places  in  the  city 
and  elsewhere,  as  may  be  provided  in  the  franchise  making  the  grant 
or  renewal,  used  in  or  useful  for  the  operation  of  the  utility,  at  the 
price  fixed  in  the  franchise.  Nothing  in  such  franchise  shall  prevent 
the  city  from  acquiring  the  property  of  any  such  utility  by  condemna- 
tion proceedings  or  in  any  other  lawful  mode;  but  all  such  methods  of 
acquisition  shall  be  alternative  to  the  power  of  purchase,  reserved  in 
the  franchise  or  renewal  as  hereinbefore  provided.  Upon  the  acquisition 
by  the  city  of  the  property  of  any  utility,  by  purchase,  condemnation,  or 
otherwise,  such  franchise  or  renewals  shall  at  once  terminate. 

Purchase  Price 

Sec.  75.  No  franchise  making  such  grant  or  renewal  shall  be  valid 
unless  it  shall  expressly  provide  therein  that  the  price  to  be  paid  by 
the  city  for  the  property  that  may  be  acquired  by  it  from  such  utili- 
ty, by  purchase,  condemnation  or  otherwise,  shall  exclude  all  value  of 
such  grant  or  renewal. 

Extensions 

Sec.  76.  The  City  may,  as  provided  in  Section  70,  Article  VIII, 
grant  to  any  individual,  company  or  corporation  operating  a  public 
utility,  the  right  to  extend  the  appliances  and  service  of  such  utility. 
AH  such  extensions  shall  become  a  part  of  the  aggregate  property  of 
the  utility,  and  shall  be  subject  to  all  the  obligations  and  reserved  rights 
in  favor  of  the  city  applicable  to  the  property  of  the  utility  by  virtue  of 
the  franchise  providing  for  its  construction  and  operation.  The  right 
to  use  and  maintain  any  such  extension  shall  expire  with  the  original 
franchise  of  the  utility  to  which  the  extension  was  made  or  any  renewal 
thereof. 

Consents 

Sec.  77.  No  consent  of  the  owner  of  property  abutting  on  any 
highway  or  public  ground  shall  be  required  for  the  construction,  exten- 
sion, maintenance  or  operation  of  any  public  utility  by  original  grant 
or  renewal,  unless  such  public  utility  is  of  such  a  character  that  its  con- 
struction or  operation  is  an  additional  burden  upon  the  rights  of  such 
property  owner  in  such  highways  or  public  grounds. 

Right  to  Insert  Additional  Matter 

Sec.  78.  The  enumeration  and  specification  of  particular  matters 
in  this  charter  which  must  be  included  in  every  franchise  or  grant,  shall 
never  be  construed  as  impairing  the  right  of  the  city  to  insert  in  such 
franchise  or  grant,  such  other  and  further  conditions,  covenants,  terms, 
restrictions,  limitations,  burdens,  taxes,  assessments,  rates,  fares,  rentals, 
charges,  control,  forfeitures,  or  any  other  provisions  whatever,  as  the 
city  shall  deem  proper,  to  protect  the  interests  of  the  people. 

Regulations 

Sec.  79.  The  City  Council  shall  at  all  times  control  the  distribu- 
tion of  space,  in,  over,  under  and  across  all  streets  or  public  grounds 
occupied  by  public  utility  fixtures.  All  rights  granted  for  the  construc- 
tion and  operation  of  public  utilities  shall  be  subject  to  the  continumg 
right  of  the  City  Council  to  require  such  reconstruction,  relocation, 
change,  or  discontinuance  of  the  appliances  used  by  the  utility  in  the 
streets,  avenues,  alleys  and  public  places  of  the  city,  as  shall  in  the  opm- 
ion  of  the  City  Council  be  necessary  in  the  public  interest. 

Contracts  for  Service 

Sec.  80.  All  contracts  for  service  between  the  city  and  the  owner 
or  manager  of  any  such  franchise,    shall    be   made   by   ordinance,    the 


16  CHARTER  OF  THE  CITY  OP^  MONTROSE,  COLORADO 

terms  of  which  shall  be  agreed  to  in  writing  by  said  owner  or  manager 
prior  to  the  passage  of  such  ordinance.  No  contract  for  service  shall 
be  made  by  the  City  Council  for  a  longer  period  than  their  term  of 
oflfice  unless  such  contract  be  submitted  to  a  vote  of  the  qualified  electors, 
of  the  city,  and  approved  by  a  majority  of  those  voting  on  said  question. 

Power  to  Regulate  Rates  and  Fares 

Sec.  81.  All  power  to  regulate  the  rates,  fares,  rentals  and  charges 
for  service  by  public  utility  corporations  is  hereby  reserved  to  the  people 
to  be  exercised  by  them  by  ordinance  of  the  City  Council,  or  in  the 
manner  herein  provided  for  initiating  or  referring  an  ordinance.  Any 
right  of  regulation  shall  further  include  the  right  to  require  uniform, 
convenient  and  adequate  service  to  the  public  and  reasonable  exten- 
sions of  such  service  and  of  such  public  utility  works.  The  granting  of 
a  franchise  shall  not  be  deemed  to  confer  any  right  to  include  in  the 
charge  for  service  any  return  upon  the  value  of  the  franchise  or  grant 
itself. 

Ordinance  in  Plain  Terms 

Sec.  82.  No  franchise,  right,  privilege,  or  license  shall  be  consid- 
ered as  granted  by  any  ordinance  except  when  granted  therein  in  plain 
and  unambiguous  terms,  and  any  and  every  ambiguity  therein  shall  be 
construed  in  favor  of  the  city  and  against  the  claimant  under  said  ordi- 
nance. 

Street  Sprinkling,  Cleaning  and  Paving  . 

Sec.  83.  Every  grant  of  any  franchise  or  privilege  in,  over,  under 
or  along  any  street,  avenue,  alley  or  public  place  in  the  city  for  railway 
purposes,  shall  be  subject  to  the  conditions  that  the  person,  firm  or  cor- 
poration exercising  or  enjoying  the  same  shall,  unless  otherwise  provid- 
ed by  ordinance,  sprinkle,  clean,  keep  in  repair,  and  pave  and  repave  so 
much  of  said  street,  highway  or  other  public  place  as  may  be  occupied 
by  said  railway  as  lies  between  the  rails  of  each  railway  track,  and  be- 
tween the  lines  of  double  track,  and  for  a  space  of  two  feet  outside  of 
said  track. 

Franchise  Provide  for  Safety,  etc. 

Sec.  84.  The  grant  of  every  franchise  or  privilege  shall  be  subject 
to  the  right  of  the  city,  whether  in  terms  reserved  or  not,  to  make  any 
regulations  for  the  safety,  welfare  and  accommodation  of  the  public,  in- 
cluding among  other  things,  the  right  to  require  proper  and  adequate 
extensions  of  the  service  of  such  grant,  the  right  to  require  any  or  all 
wires,  cables,  conduits,  and  other  appliances,  to  be  placed  under  ground, 
and  the  right  to  protect  the  public  from  danger  or  inconvenience  in  the 
operation  of  any  work  or  business  authorized  by  the  grant  of  the  fran- 
chise. 

City  Maintain  General  Supervision,  Reports,   Inspection 

Sec.  85.  The  City  shall  maintain  general  supervision  and  police 
control  over  all  public  utility  companies  in  so  far  as  they  are  subject  to 
municipal  control.  It  shall  cause  to  be  instituted  such  actions  or  pro- 
ceedings as  may  be  necessary  to  prosecute  public  utility  companies  for 
violation  of  law. 

It  shall  require  every  person  or  corporation  operating  under  a  fran- 
chise or  grant  from  the  city,  to  submit  to  the  City  Council  with  sixty 
(60)  days  after  the  first  day  of  January  of  each  year,  an  annual  report 
verified  by  the  oath  of  the  president,  the  treasurer,  or  the  general  man- 
ager thereof. 

Such  reports  shall  be  in  the  form,  contain  such  detailed  informa- 
tion, and  cover  the  period  prescribed  by  the  City  Council  by    ordinance; 


CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO  17 

and  the  City  Council  shall  have  the  power,  either  through  its  members 
or  by  experts  or  employees  duly  authorized  by  it,  to  examine  the  books 
and  affairs  of  any  such  person,  persons  or  corporation,  and  to  compel 
the  production  before  them  of  books  and  papers  pertaining  to  such  re- 
port or  other  matters. 

Any  person,  persons,  or  corporation  which  shall  fail  to  make  any 
such  report,  shall  be  liable  to  a  penalty  of  one  hundred  dollars  ($100.00) 
and  an  additional  penalty  of  one  hundred  dollars  ($100.00)  for  each 
and  every  day  thereafter,  during  which  he  or  it  shall  fail  to  file  such  re- 
port, to  be  sued  for  and  recovered  in  any  court  of  record  having  juris- 
diction. 

The  City  Manager  shall,  either  personally  or  through  the  city's  in- 
spectors or  employees,  enter  into  or  upon  and  inspect  the  buildings, 
plants,  power  houses,  and  all  properties  of  any  such  person,  persons  or 
corporation,  and  shall  inspect  the  same  at  least  once  a  year,  and  shall 
immediately  thereafter  report  to  the  City  Council  a  detailed  and  com- 
plete statement  of  such  inspection. 

Books  of  Record  and  Reference 

Sec.  86.  The  City  Manager  shall  provide  and  cause  to  be  kept  in 
his  office  the  following  books  of  record  and  reference: 

First:  A  franchise  record,  indexed,  and  of  proper  form,  in  which 
shall  be  transcribed  accurate  and  correct  copies  of  all  franchises  or 
grants  by  or  contracts  with  the  city  to  any  person,  persons  or  corpo- 
ration owning  or  operating  any  public  utility.  The  index  of  said 
record  shall  give  the  name  of  the  grantee  and  thereafter  the  name 
of  any  assignee  thereof.  Said  record  shall  be  a  complete  history  of 
all  franchises  granted  by  the  city  and  shall  include  a  comprehensive 
and  convenient  reference  to  actions,  contests,  or  proceedings  at  law, 
if  any,  affecting  the  same. 

Second:  A  public  utility  record,  of  every  person,  persons,  or  cor- 
poration owning  or  operating  any  public  utility  under  any  franchise 
granted  by  the  city,  into  which  shall  be  transcribed  accurate  and  cor- 
rect copies  of  each  and  every  franchise  granted  by  the  city  to  said 
person,  persons,  or  corporation,  or  which  may  be  controlled  or  ac- 
quired by  them  or  it,  together  with  copies  of  all  annual  reports  and 
inspection  reports,  as  herein  provided,  and  such  other  matters  of  in- 
formation and  public  interest  as  the  City  Manager  may,  from  time 
to  time,  acquire.  In  case  annual  reports  are  not  filed  and  inspections 
are  not  made,  as  provided,  the  City  Manager  shall  record  such  fact  in 
the  public  utility  record,  and  in  writing  report  the  same  to  the  City 
Council.  All  such  annual  reports,  or  a  synopsis  thereof,  shall  be  pub- 
lished once  in  a  newspaper  of  general  circulation,  published  in  the 
city,  or  printed  and  distributed  in  pamphlet  form,  as  the  City  Coun- 
cil may  determine. 

The  provisions  of  this  section  shall  apply  to  all  persons  or  corpora- 
tions operating  under  any  franchise  now  in  force  or  hereafter  granted 
by  the  city. 

Books  of  Account 

Sec.  87.  The  city,  when  owing  any  public  utility,  shall  keep  the 
books  of  account  for  such  public  utility  distinct  from  other  city  accounts, 
and  in  such  a  manner  as  to  show  the  true  and  complete  financial  result 
of  such  city  ownership,  or  ownership  and  operation,  as  the  case  may  be. 
Such  accounts  shall  be  so  kept  as  to  .show  the  actual  cost  to  the  city  of 
the  pablic  utility  owned;  all  cost  of  maintenance,  extension  and  im- 
provements, all  operating  expenses  of  every  description,  in  case  of  such 
city  operation;  if  water  or  other  service  shall  be  furnished  for  the  use  of 
any  department  of  the  city  without  charge,  the  accounts  shall  show,  as 
nearly  as  possible,  the  value  of  such  service;  such  accounts  shall  also 
show  reasonable  allowance  for  interest,  depreciation  and  insurance,  and 
also  estimates  of  the  amount  of  taxes  that  would  be  chargeable  against 
such  property  if  owned  by  a    private    corporation.      The    City    Council 


18 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

shall  cause  to  be  printed  annually  for  distribution,  a  report  showing  the 
financial  results,  in  form  as  aforesaid,  of  such  city  ownership,  or  owner- 
ship and  operation. 

ARTICLE  IX. 
COMMISSIONS,  BOARDS  AND  GENERAL  PROVI- 
SIONS 
Library,  Cemetery  and  Parks 

Sec.  88.  The  City  Council  shall  appoint  a  Board  of  Directors, 
Boards  of  Directors,  or  Commission  on  Library,  Cemetery  and  Parks, 
with  such  authority  and  proper  financial  support  as  shall  be  provided 
by  ordinance. 

Charities  Commission 

Sec.  89.  The  City  Council  shall  establish  a  commission  of  public 
charities  and  appoint  commissioners  thereon,  to  serve  without  compen- 
sation, with  such  tenures,  powers  and  duties  of  office  as  may  be  fixed 
by  ordinance. 

Public  Meetings  of  Electors 

Sec.  90.  In  order  to  enlist  the  active  services  of  each  citizen  of  the 
said  city  in  improving  the  government  of  said  city,  in  assisting  in  the 
enforcement  of  the  ordinances  and  in  promoting  public  improvements, 
public  meetings  of  the  electors  of  said  city  shall  be  called  from  time  to 
time   by  the  City  Council  of  said  city  upon  the  following  occasion: 

Whenever  the  letting  of  a  contract  for  a  public  improvement  involv- 
ing the  expenditure  of  over  Five  Thousand  Dollars  ($5000.00)  is  con- 
templated by  the  City  Council,  unless  otherwise  provided  herein,  a  time 
and  place  shall  be  fixed  at  which  the  citizens  of  the  said  city  shall  by 
public  advertisement  be  invited  to  meet  with  said  City  Council  to 
counsel  and  advise  with  said  City  Council  concerning  such  contract 
for  public  improvements.  The  calling  and  holding  of  such  meeting  as 
in  tills  paragraph  provided  shall  be  a  condition  precedent  to  the  vali- 
dity of  any  such  contract. 

Montrose  Day 

Sec.  91.  The  City  Council  shall,  by  ordinance,  designate  a  certain 
day  in  the  spring  of  each  year  to  be  known  as  "Montrose  Day,"  and 
shall,  by  notice  and  proclamation,  request  all  the  citizens  of  the  said 
city  to  cease  from  their  vocations,  to  close  up  their  stores  and  places  of 
business  the  same  as  on  a  holiday  and  devote  the  entire  day  to  cleaning 
up  the  streets  and  alleys  and  public  and  private  places  of  said  city  and 
to  setting  out  shade  and  ornamental  trees,  beautifying  said  city,  and  im- 
proving the  roads  and  streets  of  said  city.  Proper  committees  shall  be 
appointed  each  year  by  the  City  Council  to  have  this  work  in  charge 
and  to  enlist  the  active  services  of  each  citizen  in  the  city  in  said    work. 

Civic  Beauty 

Sec.  92.  The  City  Council  or  any  authorized  officer  shall  have 
authority  to  condemn  and  compel  to  be  removed  signs,  bill  boards, 
shacks  and  dilapidated  buildings  wherever  the  same  mar  the  beauty  of 
the  said  city  and  are  condemned  in  accordance  with  the  uniform  or- 
dinances, rules  and  regulations  passed  by  said  City  Council. 

Sec.  93.  Should  this  charter  be  approved  by  a  majority  vote  of  the 
qualified  electors  voting  thereon,  and  upon  filing  two  copies  thereof 
officially  certified  by  the  City  Clerk,  in  the  office  of  the  Secretary  of 
State  of  Colorado,  it  shall  thereupon  be  in  full  force  and  effect  and  the 
present  form  of  government,  including  all  existing  city  wards,  shall 
thereupon  cease  and  terminate.  All  officers  and  other  persons  in  the 
service  of  the  city  at  that  time  shall  continue  to  serve  as  such,  receive 
compensation  therefor  now  provided  by  law  or  by  ordinance,  have  and 
exercise  power,  authority  and  jurisdiction  heretofore  possessed  by  them, 
until  the  elective  officers  first  elected  hereunder  shall  qualify.  Upon 
such  qualification  the  term  of  office  of  any  officer  or  person  in    the    ser- 


CHARTER  OF  THE  CITY  OF  MONTROSE.  COLORADO  19 

vice  of  the  city  at  the  time  this  charter  takes   effect   shall   immediately 
terminate. 

Outgoing  Officers  . 

Sec.  94.  All  officers  of  the  city  whose  term  of  office  shall  be  ter- 
minated by  the  first  election  under  this  charter  shall  deliver  and  turn 
over  to  the  officers  upon  whom  their  powers  and  duties  devolve,  all  pa- 
pers, records  and  property  of  any  kind  in  their  possession  or  custody  by 
virtue  of  their  office,  and  shall  account  to  them  or  to  any  authority 
designated  by  the  City  Council,  for  all  funds,  credits  or  property  of  any 
kind  with  which  they  are  properly  chargeable  as  such  officials. 

Present  Ordinances  Continue  in  Force 

Sec.  95.  All  laws,  ordinances,  resolutions,  by-laws,  orders,  rules  or 
regulations  in  (orce  in  the  City  of  Montrose  at  the  time  this  charter 
takes  effect,  not  inconsistent  with  its  provisions,  whether  enacted  by  the 
authority  of  the  city  or  any  other  authority,  shall  continue  in  full  force 
and  effect  until  otherwise  provided  by  ordinance. 

Penalty  for  Violation 

Sec.  96.  Any  person  who  shall  violate  any  of  the  provisions 
of  this  charter  for  the  violation  of  which  no  punishment  has 
been  provided  herein,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  shall  be  punished  be  a  fine  not  exceeding  One 
Hundred  Dollars  ($100.00)  or  by  imprisonment  in  the  city  jail  not  ex- 
ceeding three  (3)  months,  or  by  both  such  fine  and  imprisonment. 

Definition  of  Misdemeanor 

Sec.  97.  The  term  "Misdemeanor"  as  used  in  this  charter,  shall 
mean  a  violation  therof,  or  of  any  ordinance,  of  which  the  municipal 
court  or  magistrate  thereof  shall  have  jurisdiction,  and  shall  not  have 
the  meaning  attached  to  it  in  Chapter  XXXV,  entitled:  "CRIMES," 
Revised  Statutes  of  Colorado,  1908. 

Continuing  Bonds,  etc. 

Sec.  98.  All  official  bonds,  recognizances,  obligations,  contracts, 
and  all  other  instruments  entered  into  or  executed  by  or  to  the  city  be- 
fore this  charter  takes  effect,  and  all  taxes,  fines,  penalties,  forfeitures, 
incurred  or  imposed,  due  or  owing  the  city,  shall  be  enforced  and  col- 
lected and  all  writs,  prosecutions,  actions  and  causes  of  action,  except 
as  herein  otherwise  provided,  shall  continue  without  abatement  and  re- 
main unaffected  by  this  charter;  and  all  legal  acts  done  by  or  in  favor 
of  the  city,  shall  be  and  remain  as  valid  as  though  this  charter  had  not 
been  adopted. 

Submission  of  Charter  Amendments 

Sec.  99.  The  charter  may  be  amended  at  any  time  in  the  manner 
provided  by  Article  XX,  and  amendments  thereto,  of  the  Constitution 
of  the  State  of  Colorado;  except  that  not  less  than  fifteen  (15)  per  cent 
of  the  next  preceding  gubernatorial  vote  in  said  city  shall  be  necessary 
to  petition  therefor,  except  this  shall  not  apply  to  the  Anti-Liquor  clause 
of  this  charter,  which  shall  take  forty  (40)  per  cent  to  submit. 

Reservation  of  Power 

Sec.  100.  The  power  to  supersede  any  law  of  the  State  now  or 
hereafter  in  force,  in  so  far  as  it  applies  to  local  or  municipal  affairs, 
shall  be  reserved  to  the  city,  acting  by  ordinance. 

Intoxicating  Liquors 

Sec.  101.  The  sale,  exposure  for  sale,  barter,  exchange,  giving  away, 
manufacture  or  storage  of  any  spiritous,  vinous,  malt,  fermented,  dis- 
tilled, alcoholic  or  other  intoxicating  liquors  is  hereby  inhibited  and 
forbidden  within  the  limits  of  the  City  of  Montrose  and  within  one 
mile  of  the  outer  boundaries  thereof,  and  the  City  Council  shall  have  no 
power  to  license  the  manufacture  or  sale  of  any  such  liquors.  Such  giv- 
ing away  and  such  storage  shall  not  apply  to  the  giving  away  or  storage 
of  such  liquors  by  a    person    in    his    private   dwelling,    provided,    such 


20 CHARTER  OF  THE  CITY  OF  MONTROSE,  COLORADO 

dwelling  is  not  a  place  of  public  resort. 

It  shall  be  a  good  defense  in  any  prosecution  under  this  section,  or 
under  any  ordinance  passed  in  pursuance  thereof,  to  show  that  the  sale 
in  question  was  at  retail,  by  a  regularly  licensed  pharmacist,  for  exclu- 
sively known  medicinal  purposes,  and  that  it  was  sold  only  in  good  faith 
upon  written  prescription  issued,  signed,  and  dated  in  good  faith  by  a 
duly  licensed  physician  in  active  practice  in  the  city  of  Montrose,  and 
that  the  prescription  was  used  but  once. 

Each  such  pharmacist  shall  keep,  in  easy  access,  a  bound  book  for 
public  inspection,  containing  a  memorandum  entry  of  such  prescription, 
with  the  name  of  the  physician  prescribing,  the  name  of  the  person 
prescribed  for,  the  date,  and  the  number  thereof,  which  entry  shall  be 
made  and  signed  by  said  pharmacist  before  said  prescription  shall  be 
filled. 

The  City  Council  shall  pass  ordinances  providing  suitable  penalties 
for  a  violation  of  this  section,  and  to  make  it  effective. 

CERTIFICATE 

WHEREAS.  The  electors  of  the  City  of  Montrose,  in  the  County  of 
Montrose  and  the  State  of  Colorado,  a  city  of  the  second  class,  did  on 
the  30th  day  of  September,  A.  D.  1913,  at  a  special  election,  under  and 
in  accordance  with  the  provisions  of  Article  XX  of  the  Constitution  of 
the  State  of  Colorado,  elect  John  L.  Stivers,  Frank  i>.  Catlin,  Jr.,  Fred 
Schermerhorn,  Albert  W.  Knott,  Isaac  Tarkoff,  Savannah  B.  Wonder, 
Onias  C.  Skinner,  Jr.,  James  S.  Osborn,  Wm.  O.  Redding,  Chas.  E. 
Adams,  Mrs.  Minnie  Black,  Walter  Lacher,  Fayette  H.  Posey,  Hugo 
Selig,  Wm.  A.  Lingham,  Coleman  B.  Akard,  Ed  M.  Sherman,  Frank 
D.  Catlin,  Sr.,  Walter  P.  Crose,  John  F.  Krebs  and  Jesse  O'Neill  as  the 
Charter  Convention  of  twenty-one  electors  qualified  as  required  by  said 
Article  XX  to  prepare  and  propose  a  charter  for  said  city; 

BE  IT  KNOWN,  That,  in  pursuance  of  said  provision  of  the  Con- 
stitution, and  within  a  period  of  sixty  days  after  said  election  said  char- 
ter convention  has  prepared  and  does  propose  the  foregoing  as  and  for 
the  Charter  of  the  said  City  of  Montrose. 

IN  WITNESS  WHEREOF,  We,  the  duly  elected  and  qualified 
members  of  the  charter  convention  of  the  City  of  Montrose,  County  of 
Montrose  and  State  of  Colorado,  have  hereunto  subscribed  our  names 
in  triplicate,  in  convention,  in  the  City  Hall  in  said  city,  this  29th  day 
of  November,  in  the  year  of  our  Lord,  one  thousand  nine  hundred  and 
thirteen. 
Fred  Schermerhorn,        J.  F.  Krebs  Savannah   B.    Wonder 

President,  W.  O.  Redding  Walter  P.  Crose 

W.  A.  Lingham,  F.  H.  Posey  O.  C.  Skinner,  Jr. 

Vice-President.   James  S.  Osborn  Edward    M.    Sherman 

WalterLacher,  Isaac  Tarkoff  Hugo  Selig 

Secretary  A.  W.  Knott  Jesse  O'Neill 

Minnie  E.  Black  F.  D.  Catlin  John  L.  Stivers 

C.  B.  Akard  F.  D.  Catlin,  Jr.  C.  E.  Adams. 

Witness  my  hand  and  the  seal  of  the  City  of  Montrose,  this  9th 
day  of  December,  A.  D.  1913. 

S.  V.  Hobaugh, 
STATE  OF  COLORADO        )  City  Clerk. 

COUNTY  OF  MONROSE      )        ss. 
CITY  OF  MONTROSE  ) 

I,  S.  V.  Hobaugh,  City  Clerk  in  and  for  the  City  of  Montrose, 
County  of  Montrose  and  State  of  Colorado,  do  hereby  certify  that  the 
above  and  foregoing  proposed  charter  is  a  true  and  correct  copy  of  the 
original  thereof  filed  in  my  office  under  the  provisions  of  Ordinance 
No.  95,  on  November  29th,  1913,  as  same  now  appears  on  file  in  my 
office  as  City  Clerk. 

Witness  my  hand  and  official  seal  this  9th  day  of  December,  A.  D. 
1913.  S.  V.  Hobaugh, 

(SEAL)  City  Clerk. 


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Jo  //^s 


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